AJR44: Joint Resolution Text

LRB-2222/1

PJD:kmg:jf

2003 - 2004 LEGISLATURE

2003 Assembly JOINT RESOLUTION 44

September 11, 2003 - Introduced by Representatives Huber, Gundrum, Cullen, McCormick, Staskunas, Freese, Sherman, Olsen, Plouff, Ott, Molepske, Jeskewitz, Taylor, Musser, J. Lehman, Hundertmark, Hahn and Weber, cosponsored by Senators Darling, Decker, Roessler and Risser. Referred to Committee on Judiciary.

AJR44,1,3 To renumber section 4 (3) of article VII; and to create section 4 (3) (b) of article VII of the constitution; relating to: temporary service in the supreme court (first consideration).

Analysis by the Legislative Reference Bureau

This proposed constitutional amendment, proposed to the 2003 legislature on first consideration, authorizes the supreme court to assign on a temporary basis any person who has been elected to and is serving as a judge of the court of appeals to aid in the proper disposition of judicial business in the supreme court when it is necessary to provide 7 justices for the consideration of that business. The person must be assigned by lot.

A proposed constitutional amendment requires adoption by 2 successive legislatures, and ratification by the people, before it can become effective.

AJR44,1,4 Resolved by the assembly, the senate concurring, That:

AJR44, s. 1 Section 1. Section 4 (3) of article VII of the constitution is renumbered section 4 (3) (a) of article VII.

AJR44, s. 2 Section 2. Section 4 (3) (b) of article VII of the constitution is created to read:

AJR44,2,5 [Article VII] Section 4 (3) (b) The supreme court may assign on a temporary basis any person who has been elected to and is serving as a judge of the court of appeals to aid in the proper disposition of judicial business in the supreme court when it is necessary to provide 7 justices for the consideration of that business. The person must be assigned by lot from all persons who are eligible to be assigned.

AJR44, s. 3 Section 3. Numbering of new provision. The new paragraph (b) of subsection (3) of section 4 of article VII of the constitution created in this joint resolution shall be designated by the next higher open whole paragraph letter in that subsection in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a paragraph (b) of subsection (3) of section 4 of article VII of the constitution of this state. If one or more joint resolutions create a paragraph (b) of subsection (3) of section 4 of article VII simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the paragraphs created shall be lettered and placed in a sequence so that the paragraphs created by the joint resolution having the lowest enrolled joint resolution number have the letters designated in that joint resolution and the paragraphs created by the other joint resolutions have letters that are in the same ascending order as are the letters of the enrolled joint resolutions creating the paragraphs.

AJR44,2,22 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.

AJR44,2,23 (End)